De Baca County Transfer of Homestead Affidavit Form

De Baca County Transfer of Homestead Affidavit Form
Fill in the blank form formatted to comply with all recording and content requirements.

De Baca County Transfer of Homestead Affidavit Guide
Line by line guide explaining every blank on the form.

De Baca County Completed Example of the Transfer of Homestead Affidavit Docuement
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional New Mexico and De Baca County documents included at no extra charge:
Where to Record Your Documents
De Baca County Clerk
Fort Sumner, New Mexico 88119
Hours: 8:00am to 12:00 & 1:00 to 4:30pm M-F
Phone: (575) 355-2601
Recording Tips for De Baca County:
- White-out or correction fluid may cause rejection
- Make copies of your documents before recording - keep originals safe
- Leave recording info boxes blank - the office fills these
- Recording fees may differ from what's posted online - verify current rates
- Request a receipt showing your recording numbers
Cities and Jurisdictions in De Baca County
Properties in any of these areas use De Baca County forms:
- Fort Sumner
- Taiban
- Yeso
Hours, fees, requirements, and more for De Baca County
How do I get my forms?
Forms are available for immediate download after payment. The De Baca County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in De Baca County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by De Baca County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in De Baca County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in De Baca County?
Recording fees in De Baca County vary. Contact the recorder's office at (575) 355-2601 for current fees.
Questions answered? Let's get started!
Some married people purchase real estate in New Mexico for vacation or investment purposes and title it as the sole and separate property of one spouse. Others identify themselves as husband and wife, but do not specify how they wish to hold title. In many such situations, the death of one spouse initiates a case with the probate court to distribute the decedent's estate according to his/her will. This judicial proceeding might also include transferring ownership of real estate into the living spouse's name.
But what if the deceased spouse died intestate (without a will) or has arranged for all of his/her assets to pass to named beneficiaries using non-probate options such as joint ownership, transfer on death designations, or trusts? If the house qualifies as a <b>homestead</b> and is vested as <b>community property</b>, the remaining spouse might be able to gain full title rights more easily by using a transfer of homestead affidavit.
This affidavit is designed to transfer the entire shared interest to the surviving spouse without the need for probate. In general, the property must meet six conditions to qualify for a transfer of homestead affidavit under Section 45-3-1205:
1. The decedent and the surviving spouse owned New Mexico real estate identified as a homestead.
2. The decedent and the surviving spouse held title to that real estate as community property (See Section 45-2-102.
3. No probate proceeding is required for any other property or assets.
4. All taxes and obligations due from the estate have been settled.
5. The full value of the property as assessed for property taxation purposes does not exceed five hundred thousand dollars ($500,000).
6. At least six months have passed since the deceased spouse's death.
To complete the transfer, the surviving spouse must record the completed, notarized document at the clerk's office for the county where the property is located. In addition to the affidavit, attach certified copies of the deed granting ownership to the married couple (including a legal description of the homestead property), the decedent's will, if any, and the death certificate. Note that some counties in New Mexico refuse to record death certificates because they might contain protected information such as social security numbers, so contact the local recording office to verify their requirements.
Important terms:
A homestead, or family home, is the principal place of residence of the deceased or surviving spouse. It includes the house, associated buildings on the property, and enough land to support reasonable access and use. See Section 45-3-1205(C) NMSA 1978.
Community property as defined in Section 40-3-8 is a vesting option that is only available to married couples. Property acquired during marriage, by either or both spouses, is assumed to be community property unless specifically identified as separate property. Deeded property acquired by the couple, whether as tenants in common or as joint tenants or otherwise, is presumed to be held as community property.
This discussion is provided as general information. Please contact an attorney for assistance with specific questions or complex situations.
(New Mexico TOHA Package includes form, guidelines, and completed example)
Important: Your property must be located in De Baca County to use these forms. Documents should be recorded at the office below.
This Transfer of Homestead Affidavit meets all recording requirements specific to De Baca County.
Our Promise
The documents you receive here will meet, or exceed, the De Baca County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your De Baca County Transfer of Homestead Affidavit form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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February 22nd, 2020
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June 16th, 2022
Great to find this makes for easy work when you need to secure your ownership of a property!!Thanks guys Brian the Mann
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December 13th, 2018
I have uploaded 2 documents for E recording, I have searched thinking it would prompt me to a business customer service contact info tel no. ? I am concerned as to the fees related to the recording of both instruments? please advise? thank you
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June 25th, 2021
This website was most helpful and easy to use. Glad the information I needed was available
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Alberta P.
April 14th, 2019
form was east to use...instructions came in handy.
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Michael C.
January 4th, 2023
Overall positive experience; especially liked immediate access to downloaded documents and instructions. My only concern was lack of adequate space in portions of your beneficiary deed blank form which then required me to use 3 exhibits to complete all necessary documents for the county recorders office. Assuming they accept them I will call this a strong win. Thanks.
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Jena S.
April 7th, 2020
I love how quick the turnaround is, my only request would be for an email notification be sent once an invoice is ready and then once a document is recorded and ready to download (only because I have a large caseload and it's very easy to forget things sometimes).
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Melody P.
February 23rd, 2021
Thanks again for such excellent service, and always a pleasure!
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Deanna S.
May 6th, 2020
I loved the fact that the forms came with examples of the required info. That was helpful and made filling out the forms so much easier. Thank you!
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Joanne D.
May 14th, 2020
Loved your easy to follow instructions along with the paperwork forms that I was looking for. Would highly suggest this service to everyone. You should share this platform with other counties!! Extremely helpful
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Maria G.
April 4th, 2019
Very easy and fast. Couldnt ask for anything better.
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Ira S.
June 8th, 2022
Hi, 1. I need a password to be able to copy and paste from the deed. 2. It would be more convenient if all documents could be downloaded together. Ira
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Sarah N.
July 3rd, 2019
This is not at all the form that I needed. I am trying to disclaim my interest in a property, but this form is much too rigid to work for my case. It would have been nice to know some of the more specific details before purchasing the document.
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Joseph I.
July 27th, 2021
Your instructions and sample are geared towards businesses. It would have been helpful to have included some for us individuals as married couples as well. I also recall one or two spelling errors on the form that I could not fix, and the instructions seem to be for a prior form. This particular registry also required a stamped self-addressed envelope for return of documents. Hey, you asked! Overall, pleased.
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